The U.S. State Department has proposed a new rule requiring parents to provide proof of their own citizenship or immigration status when applying for passports for their children. The draft guidance, outlined in a September 1 Reuters report, represents the first detailed look at how the department could enforce President Donald Trump’s August 6 executive order targeting so-called “birth tourism.”
Under the proposed policy, parents or legal guardians would need to submit documents such as a valid U.S. passport, birth certificate, I-94 form, or permanent residency card to establish their citizenship or immigration status. The State Department’s draft guidance states that parental information and evidence of parental status would be required “as part of its determination whether the applicant is subject to EO 14418.”
The proposal marks a significant shift from current procedures, where parents applying for a child’s passport born in the U.S. are only required to establish their relationship to the child and provide photo identification. Supporting proof of a parent’s citizenship is not typically required under existing rules.
Policy Rationale and Legal Context
The State Department has framed the proposal as part of broader efforts to “protect the meaning and value of American citizenship.” In a statement, spokesman Tommy Pigott emphasized that the administration aims to ensure passport adjudication processes align with this standard. The department did not validate the draft guidance, stating it does not comment on leaked documents.
The policy directly targets birth tourism, where foreign nationals travel to the U.S. to give birth so their children automatically receive U.S. citizenship under the 14th Amendment. Trump’s executive order seeks to limit citizenship for children born to parents engaged in fraud, classified as “alien enemies,” or whose parents work for foreign governments in the U.S.
Supreme Court Precedent and Ongoing Legal Challenges
The proposal follows a 6-3 Supreme Court ruling in 2024 that blocked Trump’s previous attempt to restrict birthright citizenship. The court found the order violated the Citizenship Clause of the 14th Amendment, which guarantees citizenship to anyone born in the U.S. and subject to its jurisdiction. Trump’s latest executive order is narrower in scope but could still face legal challenges.
Legal experts have raised questions about whether the passport process could be used to effectively impose restrictions on children who are otherwise U.S. citizens under the Constitution. The draft guidance does not explicitly state how parental status would impact a child’s citizenship eligibility, leaving room for interpretation.
Current Process vs. Proposed Changes
Currently, parents applying for a child’s passport born in the U.S. must provide:
- Proof of the child’s U.S. citizenship (e.g., birth certificate)
- Evidence of their relationship to the child (e.g., birth certificate)
- Photo identification
The application asks whether a parent is a U.S. citizen but does not typically require supporting documentation. Under the proposed rule, parents would need to submit additional proof of their own citizenship or immigration status, which could include:
- U.S. passport
- Birth certificate
- I-94 form (arrival/departure record)
- Permanent residency card (green card)
The State Department has not finalized the proposal, and the draft guidance remains under review. If implemented, the rule would apply to all passport applications for children born in the U.S., regardless of parental status.
Implications for Birthright Citizenship
The proposal reflects the Trump administration’s ongoing efforts to narrow access to birthright citizenship, a longstanding and constitutionally protected right. Critics argue that the policy could create unintended consequences for U.S.-born children, including those with U.S. citizen parents who lack readily available documentation. Supporters contend that the rule would prevent abuse of the citizenship system by targeting fraudulent practices.
The State Department has not specified how parental status would be verified or what consequences would arise if parents fail to provide the required documentation. The draft guidance also does not clarify whether children born to U.S. citizen parents would be exempt from the new requirements.
Next Steps and Public Response
The State Department has not announced a timeline for finalizing or implementing the rule. The proposal is expected to face legal scrutiny and public comment before any changes are made to passport procedures. Advocacy groups and immigration experts have indicated they will monitor the process closely, particularly regarding potential discriminatory impacts on certain communities.
For now, the draft guidance remains a proposal, and parents applying for children’s passports are advised to follow existing procedures until further notice.